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How Soon Should You Serve a Tenant a Pay or Quit Notice

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  • 05-31-2016, 09:57 PM
    milano9891
    How Soon Should You Serve a Tenant a Pay or Quit Notice
    My question involves landlord-tenant law in the State of: Frederick, Maryland

    My tenant hasn't been paying the rent and utility bills on time, i do have all the records of the tenant being late. I was wondering if I'm entitled to issue a Pay or Quit notice once he is past due with the payments, how soon can i file for this notice? can i do it myself or do i need to open a file in district court 1st? thank you in advance.
  • 06-01-2016, 05:46 AM
    flyingron
    Re: How Soon Do You Give the Pay or Quit Notice
    Please make sure whatever online source you are using is talking about Maryland and not California. You don't file a "Notice to Pay or Quit" in Maryland. If you have a tenant that is in breach of the lease, while you can certainly threaten to sue, the legal process starts when you file in District Court in the county the property is located in. The court takes care of serving the tenant (typically via mail). However, if you have back rent rather than just seeking to recover the property, you should require personal service. Note that the chronically late person who does pay up is going to be hard to get out unless you've filed against them multiple times. You may be stuck with them until the end of their lease term.
  • 06-01-2016, 12:16 PM
    adjusterjack
    Re: How Soon Do You Give the Pay or Quit Notice
    Quote:

    Quoting milano9891
    View Post
    My question involves landlord-tenant law in the State of: Frederick, Maryland

    My tenant hasn't been paying the rent and utility bills on time, i do have all the records of the tenant being late. I was wondering if I'm entitled to issue a Pay or Quit notice once he is past due with the payments, how soon can i file for this notice? can i do it myself or do i need to open a file in district court 1st? thank you in advance.

    Maryland's landlord tenant statute apparently allows you to go right to court without a "pay or quit" notice.

    See Section 8-401 at:

    http://www.mgaleg.maryland.gov/webmg...S&tab=subject5

    You can file as early as one day after the rent due date because that's the day on which the rent will be late.
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